Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-08-26

HAMILTON S. PECK, ASSIGNEE,
VS.. Chttenden
Carroll Il. MACOMBER. c.
AND MARY w. MACOMBER. Oounty'


Carroll E, iMAcoMprn. O~ rnunt
AND MARY w. MACOMBER. OO"ntS'
IN CHANCERY.
The above named orator having filed in said
Court his bill against the de Cndunts, Sc ting
forth in substance that about March /, lSS2
David Walker, ID. Frank Hatch and said Car
rUl r. Macombcr formed a co.partnership,
under the name of walker, Hatch Il Co., for
the purpose Of carrying ON at Burlington, VT,
the business of stnitbuidcrs and manufacture
ers that they bccam" cqu 4 partners and en-
titled to draw from the capital of said firm
Acarly, equal suns At, s'larlGs; that about
January j, 1883 said defendant MacOmbcr. on
account of certain Obligations of said Walker
N Hatch, which he agrCcd to nSsuu" was
accorded hail interest in sald firm. the other
partners rctInln- each one 'tt,ta utercst
that each IurtuCr was to ccvuto his time,
energy and skin TO tle bdsi-cet ,or the COM
mon benefit, the said Carol J.. having charge
OF the books aud ling..-'e t & uid firm con-
tinurd 20 exist wi houJ n.ttp iiul change
tn aboua November !, l5S5, "hrl Il stock
corporation organized, u.I Il por-
ton of the stock. jhe a. c'S and main
business o. sand ann were utu.. erred to
said corporation, >uir oar mes hrlam stock
therein, ard hN Z the active Management
OF the busut s. Of SAID corporation that the
tlru OF Walker, Hatch X Co, continued to cX-
lst ill about december ., 1856. when upon
C,editor's petition 1t was duly tdjudgcd iiso-
vent the orator was duly appointed as
siEnce about December 90, 1856 and the real
and personal estate, books aud papers of said
firm was duly conveyed TO the orator; that
about May .. 1854, Sarah l.. Thuycr, conveyed
W.
IT Il! estate in said burlington, on winch these
defendants caused to be erected Il dwelling
house as their homestead at the cost of six
thousand do lars. as the orator is informed
aud believes, in which they lived when said
firm was adj .dgcd insUlvcnt; t1at about Oc-
tobcr ~. lce5, said rhayer duly conveyed to
| said Mary W. MacOmber, certain other real cs-
! tate ud joining the premises above referred to ;
that he consideration of said prices of land was
seven hundred iiity dollars thet at the time
| after, SAID firm was largely in debt and iusol-
vent, and said deiendL nts were well aware of
| tie fact that d ring The entire period be-
tween the purchase of said real estate and
said insolvency proceedings, said Carol Il.
well knowing the large and increasing indebt
| edness and financial embarrassment of said
firm, continued to represent to its creditors
that it was solvent, doing paying business,
and had large surplus over and above its
| Indebtedness did obtain from time time, and
| in the name of said firm renewed and addi-
ional credit extending and carrying over
from time to time such debts upon the renew
al OI the obligations of said firm therefor; and
On said representations did make in the name
and behalf of said firm large purchases OF ma
teras and obtain frequent loans of money
ortensibly for Its use ana pledge therefor the
credit of SAID III that said Carol f. con-
irving now he might injure ami delraud the
creditors of said firm secretly and without the
knowledge OF said creditors, dld wrOngfully
and .uniustly withdraw from the FUNDS OF
| said cO-paftncrship upward OF thr, L Thousand
dollars in money, and upward of two thous-
and dollars i'll stock materials and and labor
and appropriated the same to the sole use
said Mary W, IN an about the purchase
OF said real estate and erection and
construction of their said dwelling house
as aforesaid that said Mary w, had reason
to, and dId believe, during the period aforc-
said said firm was insOiNcnt, and that the
funds and assets of said firm were Withdrawn
and used is aforesaid that said firm was not
reimbursed therefor, and that It's creditors
were. thus made to contribute TO the
y oft and advantage of herself anC
husband the sand Carol E.. that the
orator has examined the assets anc
liabilities OF said firm, and that should full
restitution be made to h:m. the assets would
be Inadequate to pay the just indebtedness oil
r said firm th0t the orator Graves leave to
make copies of said deeds, and Instruments IN
writing and other papers orbooks as Il ay bt
required, as well us the articles OF agreement
and books OF said firm. part of this bill
of the said Mary w, and that she and saiC
Carol F., have hitherto and do now receiv
the use and profit OF the same thai
the orator is remedies to recover from
, said defe ndants, or either of them, fol
the benefit of the creditors Of sale
firm, said premises. or, the vaue of the
, from said firm, and appropriated to then
. benefit. except in the Court Of Chancery, an'
praying that the defendants, and each OF then
q may be Invested OF the title to said premises
, and that the same may be vested IN the ora
, tor, that he may dispose of the same for thu
: benefit of the creditors of said firm, and TO
: such other and further relief in the premise
' as equity may require, and the court shal
deem just and also praying that writ OF in
JunctlOh may issue ouI VI salu court: re
straining and enjoining the defendants from
conveying disposing OF said premises ant
it appearing that said defendants are out 0
the State OF Vermont so that subpoena can
not be served upon them
1t is ordered mat the above named defend
ants be notified to appear before the court o
Chancery, for said County of Chittenden, Il
the term next, to be held at Burlington in san
+ county on third Tuesday of September, 1881
on first day of SAID term, and make answe
i thereto by publishing this order three week
Y successfully i'll the Burlington Free Press, tn
last of which publications shall be at leas
twenty days previous TO said term of sal
| Court.
Dated at Burlington, in said County, tn
9Th day of August, 1857.
7w3w O. p. RAY, Clerk.